Back
SHAMPA DUTT (PAUL)
Lakshmi Biswas – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Shampa Dutt (Paul), J.—The present revisional has been preferred against an order dated 12.03.2019 passed by the Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas in connection with G.R. Case No. 1801 of 2017 arising out of Deganga Police Station Case no. 463/2017 dated 05.08.2017 under Sections 448/449/427/325/354/379/436/506/120(B) of the Indian Penal Code whereby the petitioner’s prayer for further investigation in this case was rejected.
2. The Petitioner’s case is that after the initiation of Deganga Police Station Case no. 338/2014 dated 23.05.2014 under Sections 325/406/302 of the Indian Penal Code at the behest of the Opposite No. 2 and 3, the petitioner and her family members had been refused entry in their own home and had been forced by the private opposite party to leave their residence. The Petitioner and her family member were residing at the mercy of their relatives and cannot go back to their own house, and on 30.06.2014 when no one was present in the house, Opposite Party No. 2 and 3 and some other unknown miscreants entered into the house of the petitioner and stole one gas cylinder, five bag rice, and some other valuable articles.
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with....
The court emphasized that further investigation must be justified by new evidence or deficiencies in the prior investigation, and the discretion to order it lies with the Magistrate based on case fac....
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
The court affirmed that magistrates cannot order further investigations post-cognizance without evidence of malafide, upholding the legitimacy of the charge sheet filed under Section 498A.
The court emphasized the necessity of fair investigation in criminal proceedings and clarified the powers of the Magistrate to order further investigation under specific circumstances.
The court affirmed that thorough investigations were conducted, finding no deficiencies or evidence of foul play, thus denying the request for re-investigation.
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
